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<br />09/22/2008 12:54 <br /> <br />9093930943 <br /> <br />~1 SANCHEZ <br /> <br />PAGE 04/14 <br /> <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br /> <br />I d. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proofthat insurance has been procured <br />and is lin force and paid for, the City shall have the right, at the City's election, to forthwith <br />termin~te this Agreement. Such termination shall not effect Consultant's right to be paid for fls <br />time ahd materials expended prior to notification of termination. Consultant waive..q the right to <br />receivt compensation and agrees to indemnifY the City for any work performed prior to approval <br />of insJrance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemnifY and hold harmless the City, its officers, agents, <br />emplo ecs, consultants, special counsel, and representatives from liability (I) for personal injury, <br />damages, just compensation, restitution, judicial Or equitable relief arising out of claims for <br />pcrsonkl injury, including health, and claims for property damage, which may arise from the <br />direct ~r indirect operations of the Consultant or its contractors, subcontractors, agents, <br />emplo*ees, or other persons acting on their behalf which relates to the services described in <br />sectioJ 1 of this Agreement; and (2) from any claim that personal il1jury, damages, just <br />compchsatlon, restitution, judicial Or eqUitable relief is due by reason of the terms of or effects <br />arisinglfrom this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for darlIages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have b6en suffered. by reason of the events referred to in this Seetion Or by reason of the terms <br />of, or e!ffects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br />harmleks, and pay all costs for the defense ofthe City, including fees and costs for special <br />counsel to be selected by the City, regarding any action by a third party challenging the validity <br />ofthis J.\greement, or asserting that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief due to personal or property rights arises by reason of the terms of, or <br />effects arising from this Agreement. City may make all reasonable decisions with respect to its <br />represehlation in any legal proeeeding. <br /> <br />7. jCONFIDENTIALITY <br /> <br />If Consultant receives from the City information which due to the nature of such <br />inform tion is reasonably understood to be confidential andlor proprietary, Consultant agrees <br />that it sballnot use or disclose such information except in the performance of this Agreement, <br />and furtner agrees to exercise the same degree of care it uses to protect its own infOlmation of <br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br /> <br />3 <br />